The Constitutional Court set aside an interim order that put on hold a plan to toll highways in Gauteng.

"The interim order granted by the high court on April 28, 2012, is set aside," Deputy Chief Justice Dikgang Moseneke, said in a judgment today.

This was because the high court had not considered the separation of powers between the court and the executive, Justice Moseneke said.

The Pretoria High Court granted the Opposition to Urban Tolling Alliance an interdict on April 28, ruling that a full review needed to be carried out before electronic tolling of Gauteng's highways could be put into effect.

The interdict prevented the SA National Roads Agency Limited (Sanral) from levying or collecting e-tolls, pending the outcome of a judicial review.

Sanral and the National Treasury appealed the court order.

The roads agency argued that delays in the project due to the court's order prevented it from paying off debts incurred in building gantries.

A massive public outcry about the tolls was supported by Cosatu, which said toll fees on a heavily-used commuter route would financially cripple the public.